HomeMy WebLinkAboutCRPS-09-013 - Liquor Licence Review Application - McCabes - 352 King St WJ
~-
Corporate Services
Report To: Mayor C. Zehr and Members of City Council
Date of Meeting: February 23, 2009
Submitted By: Liquor Licensing Review Committee
Prepared By: Patricia Harris, Manager of Licensing
Ward(s) Involved: 1
Date of Report: February 9, 2009
Report No.: CRPS-09-013
Subject: LIQUOR LICENCE REVIEW APPLICATION -1725194
ONTARIO LIMITED (O/A MCCABE'S} - 352 KING ST. W.
RECOMMENDATION:
That subject to the applicant entering into an agreement with the City including certain
conditions of operating a licensed establishment as set out below, that Council take no action
to oppose the application for a liquor license for McCabe's located at 352 King Street West
applied for by 1725194 Ontario Limited (herein referred to as the "Applicant"}
And further that:
Council authorize the Mayor and Clerk to enter into an agreement with the applicant should they
be willing wherein the applicant agrees to abide by the following conditions and to request they
be added to their licence if the AGCO chooses to issue the licence:
1. to post in a conspicuous place and abide by the Downtown Licensed Establishments Code
of Conduct.
2. to become a member of the Kitchener Downtown Business Association's Licensed
Establishments Entertainment Committee and attend its meetings;
3. to abide to a set 70% monthly ratio of alcohol sales to gross refreshment sales (including
food and other sundries} in other words, alcohol sales will be limited to 70% of gross
refreshment sales}
4. to stop serving alcohol by 2:00 a.m. daily;
5. to notify the Clerk of the City of Kitchener in writing of any application to change the license
at the time the application for the change is made to the Alcohol and Gaming Commission,
and not to expand the establishment without the consent of the City's Council;
6. to comply with the noise by-law and the Regional Smoking by-law; and
7. these conditions shall bind all successors, assigns and subsequent licence holders (if any}
BACKGROUND:
In accordance with the Council resolution of April 19, 1999, all applicants for liquor licenses in
the downtown are to be notified of Council's policy regarding their applications and requested to
complete an information form. The Liquor License Application Review Committee (LLARC},
which is comprised of City staff and a representative of the KDBA, reviews the information form
and makes a recommendation to Council as to whether or not the application is contrary to
public interest.
REPORT:
This report deals with a liquor licence application for arestaurant/pub referred to as McCabe's
and located at 352 King Street West - as pictured below.
1~
~: ~~
,: ,.
t
3' a rya F,t: , ~ ~_, .~ ., ~'
~ti
,a ., ~
,r
M~,~'~
i~~_ '
~ ~..,~ 1. ~ > as
e I"FiS9et,a ~
ii ~ r ~ ~.
t~- ,,.r.,.A
r #,
~" .r~~ a a > ~`~t F
~ ~~~.
~' L. ~~ ~~
LIQUOR LICENSE APPLICATION REVIEW COMMITTEE (LLARC) COMMENTS:
The LLARC reviewed the information supplied by the applicant, together with other information
available with respect to each of the eight criteria set out in the resolution passed by Council on
April 19, 1999.
a) The owner's and/or operator's performance record, including by-law violations,
building/health code infractions and liquor license offences.
The applicant corporation currently owns Dallas Night Club located at 312 King
Street West. The applicant is in the process of applying for a Place of Refreshment
-Class "A" licence from the City for 352 King Street West.
b) The proximity of the premises to other licensed establishments
The property is located on King Street West in the block bound by Francis and
Water Streets. There are three licensed establishments within close proximity of
this establishment. They are: Slices - 300 King Street West, Dallas - 312 King St.
West and Lucky's Wings - 320 King Street West.
c) The proximity of the premises to other uses such as existing dwelling units
There are residential apartments above 338 King Street West and 350 King Street
West. Kaufman Lofts are located at 404 King Street West which is in close proximity
to this business. This block has been used for bars and restaurants for many years
(formerly known as "The Block That Rocks"} and therefore the approval of a liquor
license for this Applicant is in keeping with past use. The approval of this application
would not be considered to have an additional detrimental impact on residents in this
block or upon other uses in the immediate vicinity.
d) The size of the premises -occupant load and floor area
The establishment is approximately 9,900 square feet. It is known that a portion of
this area applied to the location of tables, kitchen area, washrooms, bar, etc. A
sketch of the floor plan as requested in the City's liquor licence application is
attached. The applicant has indicated that there will be additional booths installed in
the main room that are not currently shown on the attached floor plan. The occupant
load that was provided indicated 596 persons.
e) The ratio of liquor sales to gross sales
The Applicant anticipates the percentage of liquor sales as a percentage of gross
sales to be 66%.
f) The proportion of the premises dedicated to ancillary entertainment
The applicant has indicated that there may be two pool tables and two video games
installed in the establishment at a later date.
g) The hours of operation
The applicant has indicated that the establishment will be operated 7 days a week
from 11 a.m. to 2 a.m.
h) Any other comments the Committee considered relevant.
The applicant has indicated that the target market will be local residents and
businesses. All servers will be smart served trained. Licensed, experienced security
will be employed as needed on a night by night basis.
FINANCIAL IMPLICATIONS:
None
COMMUNICATIONS:
A copy of this report will be provided to the Applicant prior to the Committee date.
CONCLUSIONS:
Staff welcomes the opportunity of a new restaurant/pub to the downtown in a currently vacant
space. We have no concerns regarding the applicant's understanding and practice related to
operating the restaurant specifically in terms of the serving of alcohol. In the event that the
AGCO approves the application, the conditions noted in the recommendation be attached to the
approval by the AGCO.
Patricia Harris Silvia Wright, Manager
Manager of Licensing Downtown Community Development
Mark Garner, Executive Director
Kitchener Downtown Business Association